early childhood education & public charge...early childhood education & public charge...

Early Childhood Education & Public ChargeNovember 7, 2018

Wendy CervantesHannah Matthews

Early Childhood Education & Public Charge Webinar

November 7, 2018

Wendy CervantesHannah Matthews

2CLASP | clasp.org 2

Overview

• Introduction to public charge.

• Impacts on young children and early childhood programs.

• The public comment process.

• Q&A

Submit questions in the chat box!


Introduction to Public Charge


What is “public charge”?

• A provision in immigration law designed to identify individuals who are likely to become dependent on the government as their main source of support.

• A public charge determination is made when an individual is:

– Seeking to enter the US with a visa or

– Applying for lawful permanent residence (or a “green card”).

• It is not relevant when an individual applies to become a US citizen.

• It does not apply to certain categories of immigrants, including refugees, asylees, and others.


Current public charge test

• Considers the use of two public benefits:

– Cash assistance for income maintenance (e.g. TANF, SSI, general assistance)

–Long-term institutional care at government expense

• Considers “totality of circumstances”

–Age, Health, Family Status, Financial Status, Education and Skills, Affidavit of Support


DHS Public Charge proposed rule

• On October 10, the Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) on “public charge”.

• The proposed regulation would:

– Change the definition of “public charge”.

– Expand the list of public benefits.

– Detail new negative factors for the “totality of circumstances” test.


Proposed change to public charge definition

Currently

A person “likely to become primarily dependent on the government for subsistence

As Proposed

An immigrant “who receives one or more public benefits”


Public benefits included in proposed rule

*Cash Support for Income Maintenance

*Long Term Institutional Care at Government Expense

**Most Medicaid Programs

Supplemental Nutrition

Assistance Program

(SNAP or Food Stamps)

Medicare Part D Low Income Subsidy

Housing Assistance

(Public Housing or Section 8 Housing Vouchers and Rental

Assistance)

* Included under current policy as well** Exceptions for emergency Medicaid & certain disability services offered in school. DHS is asking for input on inclusion of CHIP, but the program is not included in the regulatory text


Public benefits NOT included

• Head Start

• Child care assistance

• WIC

• Early intervention

• CHIP*

• School Breakfast and Lunch

• Public education services, including public pre-K

• Home Visiting

• Energy Assistance (LIHEAP)

• Disaster Relief

• Emergency medical assistance

• Transportation vouchers or services

• Non-cash TANF benefits

• Federal Earned Income Tax Credit and Child Tax Credit

• Student Loans

Any benefit not specifically listed in the regulation is not included, such as:


Children’s use of benefits

• Only an individual’s benefit use would be considered under this proposal.

– This is different from earlier leaked versions of the proposal.

• The use of benefits by U.S. citizen children will not directly be a factor in a parents’ public charge test.

• For immigrant children, own benefit use counts toward own public charge determination.

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Totality of circumstances test: Factors

Age

Health

Family Status

Income and Financial Status

Education and Skills

Affidavit of Support


Totality of circumstances test: Children

• Being a child (under age 18) is a negative factor in his/her own public charge test.

• Children are included in the calculation of household size and may make it more difficult for parents to meet income test.


Totality of Circumstances Test:Heavily Weighed Factors

Heavily Weighed

Positive Factors

Heavily Weighed

Negative Factors


Example: Jasmine’s Story

Jasmine is a 4-year-old U.S. citizen. Her mother is a graduate student from Mexico with DACA since 2012. – Her mother works as a student instructor and research

assistant to pay for school, as she’s ineligible for any federal loans.

– Jasmine’s father is a U.S. citizen and works as a teaching assistant, earning $30,000 per year.

– Jasmine and her father both receive Medicaid. Her mother is not eligible and relies on her school clinic to treat her severe asthma.

– Jasmine’s father petitioned for her mother’s green card 6 months ago.


Jasmine’s mother under the proposed rule

Positive Factor Negative Factors


Keep in Mind

• This is a proposal—current guidance on public charge remains in effect.

• The proposal is not retroactive—proposed changes would only apply to benefits received after a date in the future (after a final rule).

• The final regulation could look different from the proposed regulation—or could never be finalized.


Impacts of the Proposed Rule


Harm to Children and Families

• Makes it significantly harder for low-income immigrant parents to obtain long-term stability for their families. – When adults are denied green cards, families are

destabilized and sometimes separated.

• Increases stress among immigrant parents—risk of poorer health and financial instability.– Children’s health and well-being is linked to their

parents.


DHS predicts harmful outcomes

“Disenrollment or forgoing enrollment in a public benefits program by aliens otherwise eligible for these programs could lead to

• worse health outcomes, including increased prevalence of obesity and malnutrition, especially for pregnant or breastfeeding women, infants, or children, and reduced prescription adherence;

• increased use of emergency rooms and emergent care as a method of primary health care due to delayed treatment;

• increased prevalence of communicable diseases, including among members of the U.S. citizen population who are not vaccinated;

• increases in uncompensated care in which a treatment or service is not paid for by an insurer or patient;

• increased rates of poverty and housing instability; and

• reduced productivity and educational attainment .”

– Department of Homeland Security, p. 51270 of NPRM


Effects on Early Childhood Programs

• Increases reluctance to use public benefits or early childhood programs—including for children.

– One estimate puts “chilling effect” at 26 million people, including approximately 9.2 million children.


Keep in Mind

• Nothing in this proposed rule changes immigrant eligibility for public benefits or early childhood programs.


Harm to our Country

• Favors wealthy immigrants and blocks others from having a permanent, secure future in US.

• Puts the health and wellbeing of millions at risk—making us a hungrier, poorer, and sicker nation.


The Public Comment Process:

Your Opportunity to Speak Out!


Immigration Policy is a Children’s Issue

• Co-chaired by CLASP and the National Immigration Law Center.

– Over 275 active member organizations in 30 states and growing.

Information & resources at:

protectingimmigrantfamilies.org


Early Childhood Sector Template

• The PIF campaign is using a sector-based strategy to develop model comments.

– CLASP early childhood sector template will be emailed to you at the conclusion of this webinar.

– You may receive and use more than one sector template.

• Use the template as a guide to drafting your comments.

– The template includes prompts to modify and personalize.

• Feel free to distribute the template widely among your network!


Who?

• Everyone!

– Individuals

–Organizations

–Teachers, Program Directors, Family Support Workers

–Parents

• Submitting public comments to an agency is not considered lobbying under federal law and will not hurt your organization’s Section 501(c)(3) tax exemption.


What?

• A unique comment opposing the proposed rule.

–Modify the comment template• Use your own words

• Include state/local data

• Share personal experiences and stories

• Explain why this matters to YOU and/or YOUR organization.

• You can comment on any aspect of the proposal. You do not have to cover every aspect of the proposal.

– It’s more important that your comment is *unique*.


Where and When?

• All comments should be submitted by December 10.

–Organizations and programs can submit comments to Regulations.gov.

–A user-friendly portal for individuals to comment is available at protectingimmigrantfamilies.org


Dos and Don’ts of Commenting

• DO

–Request the rule be withdrawn.

–Personalize your comments.

– Submit comments before December 10.

• DON’T

–Don’t suggest corrective language.

–Don’t discuss programs that aren’t mentioned in the NPRM.

–Don’t sign on to group comments.

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Additional Actions

• EDUCATE immigrant families to fight the chilling effect– Talking points at protectingimmigrantfamilies.org– Free, low-cost legal options at

immigrationadvocates.org/nonprofit/legaldirectory

• SPEAK OUT against the proposed rule– Use #ProtectFamilies on social media

• DOCUMENT the harm and identify individuals who may be willing to share their story publicly– bit.ly/PIFstory

http://www.protectingimmigrantfamilies.org/

http://www.immigrationadvocates.org/nonprofit/legaldirectory


For more information

www.clasp.org


Q&A

Please submit your questions in the chat box.


Thank you!

Thank you for standing up for immigrant children and families.

Contact us with questions or for help with commenting:

Wendy Cervantes

[email protected]

Hannah Matthews

[email protected]

Rebecca Ullrich

[email protected]

mailto:[email protected]



early childhood education & public charge...early childhood education & public charge...

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